A: On April 6, 1999, Missouri voters will be
asked to approve Proposition B which would establish statutory
guidelines authorizing sheriffs to issue permits to carry
concealed firearms to Missouri residents who apply AND meet
certain qualifications. These statutory requirements can be found
in HB1891 as passed by the Missouri legislature in 1998. The
section would become RSMo 571.093.

Q: Do any other states issue permits to carry
concealed firearms to qualified adult citizens?

A: YES. There are 31 states that currently have
"right-to-carry" concealed carry laws, accounting for
over half of this nation's population. "Right-to-carry"
means that any citizen that applies for a permit and meets the
qualifications established by the state, must be issued the
permit. Roughly 2.4 million citizens in these states have
received permits, just under 2% of those eligible. In addition to
these 31, there are twelve states that have discretionary
"may issue" concealed carry laws that allow the issuing
authorities the power to deny permits unless there is a
"need." In total, there are 43 states that currently
issue permits so qualified citizens can legally carry concealed
firearms. Missouri is one of only 7 states with no such
provision.

Q: The Missouri Police Chiefs Association
(MPCA) has stated that the bill is full of loopholes; is this
true?

A: NO. In order to qualify for a permit, the
applicant MUST:

Be 21 years of age or older (no
teenagers), a U.S. citizen and a state resident.

Provide a set of fingerprints for the
purpose of background checks.

Submit to a statewide background check.

Submit to an FBI national criminal
background check.

Submit to a law enforcement review of
Juvenile Records.

Take and pass a firearms safety course
approved by the Missouri Department of Public Safety.

Wait 45 days for permit processing and
background checks.

Pay an $80.00 permit fee.

AND the Applicant MUST:

NOT be convicted of a felony or violent
misdemeanor.

NOT be indicted for a felony or violent
misdemeanor.

NOT be a fugitives from justice.

NOT be a person dishonorably discharged
from the service.

NOT be a person with a history of alcohol
or drug abuse.

NOT be mentally ill and not have been
committed to an mental institution.

NOT have exhibited violent behavior within
the last five years.

ONLY IF YOU CAN PASS ALL THESE CHECKS ARE YOU
ELIGIBLE FOR A PERMIT

Q: How can the sheriff check the accuracy of
this information?

A: Proposition B allows one of the most
thorough background checks of the 31 states that issue permits to
carry concealed firearms. The name, date of birth and social
security number can be checked against several automated
databases including Department of Revenue (DOR), Missouri Uniform
Law Enforcement System (MULES) and the National Crime Information
Center (NCIC). ONLY IF no disqualifying information is found
during these database searches would the fingerprints be sent to
the Missouri State Highway Patrol for forwarding to the Federal
Bureau of Investigation (FBI) for national criminal background
check (Section 571.093.3). The FBI may charge the Highway Patrol
$24 for processing the fingerprint check.

Q: Who pays for the cost for the fingerprint
check?

A: The Missouri State Highway Patrol. According
to the fiscal research performed prior to passage of HB1891, it
was confirmed that "local law enforcement agencies are not
charged fee for running criminal background checks."

Q: How much can my department charge for a
permit?

A: Proposition B allows the sheriff to charge a
fee not to exceed $80 for the initial issuance of the permit and
$35 for renewal. Costs for your department's background check
should be no different than your current background check for a
permit to purchase a concealable firearm, for which you currently
are allowed to charge no more than $10.

Q: Who controls the revenue raised by Concealed
Weapons Permits?

A: The sheriff. Proposition B establishes a
fund into which the permit fees will be deposited. The fund is
used at the discretion of the sheriff. The fiscal analysis done
by the state predicted that this provision will generate money
for the sheriff's department.

Q: Does the sheriff have to perform the
fingerprint check on renewal?

A: He may. The sheriff must take another set of
prints upon renewal, but if he can use other means to satisfy
that the prints on file identify the renewal applicant, he does
not have to process the prints through the FBI again. If the
sheriff is not convinced of the identity of the person wishing to
renew, he may resubmit new prints to the Missouri Highway Patrol
to be forwarded to the FBI, if he so desires.

A: Yes. Not all records are available because,
in Missouri, private mental health records are considered
privileged information. However, if the sheriff so desires, he
can check for any criminal court and civil court records. The
mental health checks under Prop B would be no different than the
current mental health background checks allowed by the state for
school bus drivers, teachers or day-care workers.

Q: Will the sheriff be required to issue
permits to applicants with juvenile violent crime records, such
as gang members and drug dealers?

A: No. Proposition B allows sheriffs to open
all juvenile records. Any disqualifying information found is
cause for the sheriff not to issue the permit (RSMo 571.093.4).
The sheriff can inquire with other sheriffs to determine if any
disqualifying information is available about an applicant.

Q: Are there any other safeguards in
Proposition B?

A: Yes. Anyone over 21, including the sheriff
of another jurisdiction, can file an affidavit in small claims
court if they have information that an individual who applied
for, or received, a permit to carry a concealed firearm does not
meet the requirements. These accusations can include: stalking,
domestic violence, unlawful use of a weapon, as well as other
activity that would disqualify an applicant or permit holder. If
the court agrees, this is cause not to issue a permit or to
revoke an issued permit (Section 571.093.5).

A: NO. In the 31 states with right-to carry
laws in effect, with millions of qualified adults licensed to
carry concealed firearms there has only been one instance of a
police officer being shot by a permit holder. In fact, there have
been several documented cases where police officers lives have
been saved by citizens licensed to carry concealed firearms.
Remember, we are talking about the good guys; the bad guys don't
ask your permission to carry a gun.

Also, Permit holders will be identified in the
MULES system. On any routine pull-over, the general DOR/MULES
check can be used to identify if the car is registered to a
permit holder. A further search for wants and warrants on the
driver can also identify the driver as a permit holder: referred
to in most jurisdictions, using 10 codes, as the 10-28, 10-29
check (RSMo 571.093.8).

Q: How else will Proposition B benefit law
enforcement officers?

A: Proposition B creates a statutory provision
that allows law enforcement officers carry concealed weapons
anywhere in the state, whether or not on duty (Section
571.030.2(1). The creation of the permit system also makes it
possible for qualified spouses and relatives to apply for and
receive permits to legally carry concealed firearms to protect
themselves.

Q: How do the requirements established by
Proposition B compare to the other 31 states that issue permits
to carry concealed weapons to qualified adults?

A: A more stringent background check: The
fingerprint check, FBI background check, statewide background
check, the juvenile records check, and the provision allowing
affidavits, all add up to one the most thorough background
investigations of the 31 states with right-to-carry laws.
(Section 571.093.1).

Q: Will "just about anyone" be able
to carry a concealed firearm "just about anywhere" if
Proposition B is approved?

A: NO. Only people who apply for permits and
pass ALL the background requirements. The experiences of the 31
states that have right-to-carry laws indicates that less than 3
percent of the population will apply for permits. Proposition B
lists places that are off-limits even to law-abiding citizens
that have received permits to carry concealed firearms (Section
571.093.17). A gun in every pocket is a fallacy conjured up by
opponents to frighten the public.

Q: What's to stop a permit holder from drinking
while carrying?

A: Missouri law currently prohibits posession
of any firearm while intoxicated. Prop. B explicitly states that
permit holders are not exempted from that law. It is true that
Prop. B does not require permit holders to remove their firearm
before entering an establishment that serves alcohol. Of the 43
states that have permits, some prohibit carry in such
establishments, many do not. Those that allow carry into such
establishments have not experienced any problems associated with
the law. It bears repeating, and the statistics bear out, that
permit holders are universally the most law abiding and
responsible citizens in the community.

Q: What kind of safety training will be
required for a permit to carry?

A: Under Proposition B, training courses would
have to be a minimum of 12 hours and be approved by the Missouri
Department of Public Safety. Any department with an approved
course could conduct training. Keep in mind that many of the 31
states that have right-to-carry laws have no training
requirements at all and are not experiencing troubles.

Q: Can the sheriff be held liable for issuing a
permit to someone who then commits a crime?

A: No. "No sheriff shall be liable for the
actions of a permit holder solely because the sheriff issued a
permit to such individual." (Section 571.093.12)

A: NO. Several million Americans currently
possess permits to carry concealed firearms in the 31 states that
allow qualified citizens to receive carry permits. The
experiences of these states demonstrate that citizens who qualify
for and receive permits to carry are responsible, law-abiding
adults. Their experiences also demonstrate that right-to-carry
laws result in a significant decrease in violent crime and an
increase in public safety with no increase in accidents. That is
why not one of these states is seeking to repeal their right to
carry laws. Concealed carry saves lives.

"Other states that have passed
right-to-carry have not experienced the carnage that
opponents predict, in fact, serious crime rates have
decreased in states that have right-to-carry laws." (St.
Louis Police Officers Association Press Release)

"The Executive Board of the St. Louis
Police Officers Association (SLPOA), representing over 1300
commissioned officers employed by the St. Louis Metropolitan
Police Department, has voted to support the passage of the
April 6, 1999 Right-to-Carry Referendum." (SLPOA
Press Release)

Q: Why should my department support passage of
Proposition B?

A: Because the honest citizens of Missouri
deserve it. The fears and concerns raised over what
"may" or "might" happen if Missouri passes
Proposition B can be dispelled quickly if the experience of the
31 states that have right to carry laws are taken into account.
The feared scenarios have not materialized. There has been no
wild west. On the contrary, the citizens of these states have
demonstrated that they can be trusted to responsibly carry
firearms for their personal protection. Missourians can be
trusted too. They deserve our trust.

For further information, see
our website at www.moccw.org or send email to .